Do Non-Disclosure Agreements hold up in court?

Find out more about NDAs

Learn more

Several principles may be applied to determine the enforceability of a Non-Disclosure agreement (NDA). For example, the court may consider several factors including:

  • The duration of the confidentiality term i.e. how long the information within the scope of the non-disclosure agreement must be kept confidential. The confidentiality term should be reasonable and is usually connected to the industry of the discloser and the nature of the confidential information.
  • The coverage of the agreement. This refers to whether the agreement is mutual or one-way.
  • Whether both parties obtained independent legal advice.

Non-Disclosure agreements that are properly drafted and are intended to protect specific information for a reasonable and identified duration and purpose are more likely to hold up in court than those that are overly vague and intractable.

Create your NDA now

Get Started

Looking for more answers?

More Questions